Virtual Campus User Terms and Conditions

[Last updated: 6th November 2014]

Welcome to the NHS Leadership Academy Virtual Campus, known as the Virtual Campus. Please read these conditions carefully before using the Virtual Campus.  By using the Virtual Campus, you signify your agreement to be bound by these conditions.

1.    Registration

You may access areas of the Virtual Campus that require registration by becoming a registered member and creating an account with us. You agree to be responsible for maintaining the confidentiality of your passwords or other account identifiers which you choose and all activities that occur under your account.

By registering on the Virtual Campus, you agree that:

1.       your account and password are personal to you and may not be used by anyone else to access the Virtual Campus;

2.       you will not do anything which would assist anyone who is not a registered user to gain access to any registration area of the Virtual Campus; and

3.       you will not create registration accounts for the purpose of abusing the functionality of the site, or other users; nor will you seek to pass yourself off as another user.

You agree to notify us immediately if you become aware any unauthorised use of your password or account identifiers by others.

If you use any NHS Leadership Academy Service you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and to the extent permitted by applicable law you agree to accept responsibility for all activities that occur under your account or password.  You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be used in an unauthorised manner. You are responsible for ensuring that the details you provide us with are correct and complete, and for informing us of any changes to the information you have provided.

You must not use any NHS Leadership Academy Service (i) in any way that causes, or is likely to cause, any NHS Leadership Academy Service, or any access to it to be interrupted, damaged or impaired in any way, or (ii) for fraudulent purposes, or in connection with a criminal offence or other unlawful activity, or (iii) to cause annoyance, inconvenience or anxiety.

2.    Termination of registration

If you no longer wish to have a registered account, you may terminate your account by contacting the NHS Leadership Academy. If you no longer accept these terms and conditions, or any future modification to these terms and conditions, you must cease using the Virtual Campus. Continued use of the Virtual Campus indicates your continued acceptance of these terms and conditions.

If, for any reason, we believe that you have not complied with these terms and conditions, we may, at our sole discretion, cancel your access to the registration areas of the Virtual Campus.

We reserve the right to refuse service, terminate accounts or remove or edit content if you are in breach of applicable laws, these Conditions of Use or any other applicable terms and conditions, guidelines or policies.

We may terminate your registered account, at our sole discretion, by emailing you at the address you have registered stating that the agreement has terminated.

3.    Use of material appearing on the Virtual Campus

Your use of the Virtual Campus is for your own personal and non-commercial use only. You acknowledge that, as between NHS Leadership Academy and you, except for user content and advertisements (as discussed below), NHS Leadership Academy is the sole owner of all content on the Virtual Campus, including, without limitation, all applicable copyrights, patents, trademarks, trade secrets, trade names, logos, and other intellectual property rights thereto, as well as text, images, graphics, logos, audio, video and other material appearing on the Virtual Campus ("NHS Leadership Academy Content"). The Virtual Campus and the NHS Leadership Academy Content are protected by the copyright laws and other intellectual property laws of the United Kingdom, and are protected globally by applicable international copyright treaties.

You may download and print extracts from the NHS Leadership Academy Content for your own personal and non-commercial use only, provided you maintain and abide by any author attribution, copyright or trademark notice or restriction in any material that you download or print. You may not use any NHS Leadership Academy Content for any other purpose without our prior written approval. Except as expressly authorised by the NHS Leadership Academy, you are not allowed to create a database in electronic or paper form comprising all or part of the material appearing on the Virtual Campus.

If you wish to use our content other than as permitted by these terms and conditions, please the NHS Leadership Academy Communications Team by email at: communicate@leadershipacademy.nhs.uk.

4.    Disclaimer of liability

To the extent permitted at law, we do not accept any responsibility for any statement in the NHS Leadership Academy Content. Nothing in the Virtual Campus is provided for any specific purpose or at the request of any particular person. For the avoidance of confusion, we will not be liable for any loss caused as a result of your doing, or not doing, anything as a result of viewing, reading or listening to the Virtual Campus or any part of it. You can access other sites via links from the Virtual Campus. These sites are not under our control and we are not responsible in any way for any of their contents.

We give no warranties of any kind concerning the Virtual Campus or the Virtual Campus Content. In particular, we do not warrant that the Virtual Campus or any of its contents is virus free. You must take your own precautions in this respect as we accept no responsibility for any infection by virus or other contamination or by anything which has destructive properties.

We will do our utmost to ensure that availability of the Virtual Campus will be uninterrupted and that transmissions will be error-free.  However, due to the nature of the internet, this cannot be guaranteed.  Also, your access to Virtual Campus may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services.  We will attempt to limit the frequency and duration of any such suspension or restriction.

NHS Leadership Academy will not be responsible for (i) losses that were not caused by any breach on our part, or (ii) any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure), or (iii) any indirect or consequential losses that were not foreseeable to both you and us when you commenced using the Virtual Campus.  

5.    User content

Users of this service are permitted to submit content for publication in various areas of the Virtual Campus. You will be deemed to consent to these terms and conditions if you choose to post any content or comments to the Virtual Campus.

 

When you submit content to us, you agree that you have created that content, or you have received permission from, or are authorised by, the owner to act on their behalf in submitting it to the Virtual Campus under the following terms;

 

You or the owner still own the copyright of the content sent to us, but by submitting content to us, you are granting us an unconditional, irrevocable, non-exclusive, royalty-free, fully transferable, perpetual, worldwide licence to use, publish and/or transmit, and to authorise third-parties to use, publish and/or transmit your content to participants, faculty and administration staff in any format and on any platform, either now known or hereinafter invented for the sole purpose of delivering the Academy's programmes. We will not use content outside of these conditions or with other parties without express permission from the content owner.

 

For details of the faculty and staff that will have sight of a specific piece of coursework submitted to the Academy please see your course handbook or contact the programme director. 

 

You acknowledge and agree that when you post content on the Virtual Campus or view content provided by others, you are doing so at your own discretion and risk, including any reliance on the accuracy, completeness, of that content. You further acknowledge and agree that the views expressed by you and other users in that content do not necessarily reflect the views of NHS Leadership Academy, and we do not support or endorse any user content. You acknowledge that we have no obligation to pre-screen, monitor, review, or edit any content posted by you and other users on the Virtual Campus.

 

We, or authorised third parties, reserve the right to cut, crop, edit or refuse to publish, your content at our or their sole discretion. We may remove your content from use at any time.

 

We accept no liability in respect of any content submitted by users and published by us or by authorised third parties.

 

You warrant that the content you submit to us is not obscene, threatening, harassing, libellous, deceptive, fraudulent, invasive of another's privacy, offensive, defamatory of any person or illegal. You warrant that the content you submit to us does not infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary or privacy right of any party or individual. You agree not to (i) post content which is deliberately intended to upset or harm other users; (ii) use the Virtual Campus to post or otherwise transmit content that victimises, harasses, degrades, or intimidates an individual or group of individuals on the basis of any impermissible classification, including, without limitation, religion, gender, sexual orientation, race, colour, creed, ethnicity, national origin, citizenship, age, marital status, military status or disability; (iii) post or otherwise transmit any content that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of the Virtual Campus or any computer software or hardware or telecommunications equipment; (iv) upload or otherwise transmit any content, or take any other actions with respect to your use of the Virtual Campus, that would constitute, or would otherwise encourage, criminal conduct or give rise to civil liability; or (v) use the Virtual Campus for commercial purposes, including, without limitation, submitting any material to solicit funds or to promote, advertise or solicit the sale of any goods or services.

 

You understand that the technical processing and transmission of the Virtual Campus data may involve (i) transmissions over various networks; and (ii) changes to content to conform and adapt to technical requirements of connecting networks or devices. NHS Leadership Academy assumes no responsibility for the deletion or failure to store postings of content or other information submitted by you or other users to the Virtual Campus.

 

Any queries regarding copyright and your content should be directed in the first instance to the NHS Leadership Academy.

 

All content included in or made available through any NHS Leadership Academy Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads and data compilations is the property of NHS Leadership Academy or its content suppliers and is protected by United Kingdom and international copyright, authors' rights and database right laws.  The compilation of all content included in or made available through any NHS Leadership Academy Service is the exclusive property of NHS Leadership Academy and is protected by United Kingdom and international copyright and database right laws.

 

You may not extract and/or re-utilise parts of the content of any NHS Leadership Academy Service without our express written consent.  In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation any substantial parts of the content of any NHS Leadership Academy Service, without our express written consent.  You may also not create and/or publish your own database that features substantial parts of any NHS Leadership Academy Service (e.g. our prices and product listings) without our express written consent.

6.    Apps

You may download certain NHS Leadership Academy apps ("Apps") either from Virtual Campus or from third party app stores or shops. All of these terms apply to the maximum extent relevant to your use of the Apps (and in particular, the terms of section 5 apply where you are using an App to submit user content to the Virtual Campus).

In addition to the limitations on our liability set out in Section 4, we shall not be liable for any damage caused to or interference with any equipment or other Apps or content of any description.

7.    Data protection

Please see our privacy policy for details of how personally identifiable information is collected and may be processed or shared with others. You will find the complete online Privacy Policy at http://www.leadershipacademy.nhs.uk/privacy/.

8.    Changes to these terms and conditions of use

Please note that we may change these terms and conditions from time to time at our sole discretion and we reserve the right to do without your consent. Any revised terms and conditions will be applicable at the time of posting on the Virtual Campus. Please ensure that you review these terms and conditions regularly as you will be deemed to have accepted a variation if you continue to use the Virtual Campus after it has been posted.

9.    Governing law & jurisdiction

These terms and conditions are governed by English law and the parties agree to submit to the exclusive jurisdiction of the English courts.

10.          Indemnification

You agree to defend, indemnify, and hold harmless NHS Leadership Academy, its parents, subsidiaries, and affiliates, and each of their respective officers, directors, and employees from any and all claims, liabilities, costs, and expenses, including, but not limited to, attorneys' fees and expenses, arising out a breach by you or any user of your account of these terms and conditions or privacy policy or arising out of a breach of your obligations, representation and warranties under these terms and conditions.

11.          No waiver

Our failure to insist upon or enforce any provision of these terms of service shall not be construed as a waiver of any provision or right of NHS Leadership Academy.

12.          Privacy

Please review our Privacy and Cookies policies, which also govern your use of Virtual Campus, to understand our practices.

The privacy policy can be found at: http://www.leadershipacademy.nhs.uk/privacy/

The cookies policy can be found below.

13.          Electronic Communications

When you use any NHS Leadership Academy Service or send emails to us, you are communicating with us electronically.  We will communicate with you by e-mail or by posting notices on the website or through the Virtual Campus.  For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide you electronically satisfy any legal requirement that such communications be in writing, unless mandatory applicable laws specifically require a different form of communication.

14.          Trademarks

Graphics, logos, page headers, button icons, scripts, and service names included in or made available through any NHS Leadership Academy Service are trademarks or trade dress of NHS Leadership Academy. NHS Leadership Academy’s trademarks and trade dress may not be used in connection with any product or service that is not NHS Leadership Academy’s, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits NHS Leadership Academy.   All other trademarks not owned by NHS Leadership Academy that appear in any NHS Leadership Academy Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by NHS Leadership Academy.

15.          Licence and access

Subject to your compliance with these Conditions of Use and applicable Service Terms and your payment of any applicable fees, NHS Leadership Academy or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable licence to access and make personal and non-commercial use of the Virtual Campus.  This licence does not include any resale or commercial use of any NHS Leadership Academy Service or its contents; any derivative use of any NHS Leadership Academy Service or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.

All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by NHS Leadership Academy or its licensors, suppliers, publishers, rights holders, or other content providers.  No NHS Leadership Academy Service, nor any part of any NHS Leadership Academy Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not frame or use framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout, or form) of NHS Leadership Academy without our express written consent.  You may not use any meta tags or any other "hidden text" utilising NHS Leadership Academy’s names or trademarks without our express written consent.

You may not misuse the Virtual Campus.  You may use the Virtual Campus only as permitted by law.  The licenses granted by NHS Leadership Academy terminate if you do not comply with these Conditions of Use or any Service Terms.

16.          Intellectual Property

16.1.            Intellectual Property Claims

NHS Leadership Academy respects the intellectual property of others.  If you believe that your intellectual property rights have been used in a way that gives rise to concerns of infringement, please contact us.

16.2.            NHS Intellectual Property

All content included in or made available through any NHS Leadership Academy Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads and data compilations is the property of NHS Leadership Academy or its content suppliers and is protected by United Kingdom and international copyright, authors' rights and database right laws. The compilation of all content included in or made available through any NHS Leadership Academy Service is the exclusive property of NHS Leadership Academy and is protected by United Kingdom and international copyright and database right laws.

You may not extract and/or re-utilise parts of the content of any NHS Leadership Academy Service without our express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation any substantial parts of the content of any NHS Leadership Academy Service, without our express written consent. You may also not create and/or publish your own database that features substantial parts of any NHS Leadership Academy Service (e.g. our prices and product listings) without our express written consent.

17.          Cookie policy

When we provide services, we want to make them easy, useful and reliable. Where services are delivered on the internet, this sometimes involves placing small amounts of information on your device, for example, computer or mobile phone. These include small files known as cookies. They cannot be used to identify you personally.

These pieces of information are used to improve services for you through, for example:

·         Enabling a service to recognise your device so you don’t have to give the same information several times during one task

·         Recognising that you may already have given a username and password so you don’t need to do it for every web page requested

·         Measuring how many people are using services, so they can be made easier to use and there’s enough capacity to ensure they are fast.

You can manage these small files yourself through your browser settings.

17.1.            Current cookies

A number of cookies are used by this site:

1.       The Moodle session cookie, usually called MoodleSession. You must allow this cookie into your browser to provide continuity and maintain your login from page to page. When you log out or close the browser this cookie is destroyed (in your browser and on the server).

2.       The Mahara session cookie, called Mahara. This maintains your login from page to page within the eportfolio.

3.       Within the Moodle component of the system you will also find the MOODLEID cookie. It just remembers your username within the browser. This means when you return to this site the username field on the login page will be already filled out for you. It is safe to refuse this cookie - you will just have to retype your username every time you log in.

4.       Again, within the Moodle component, there are two further cookies which remember the state of your system until you do a retest in the “How’s my system” block on the home page. These cookies are called System_check_connection and System_check_popup which store your connection speed and your popup blocker status. These cookies are stored for an hour after their creation.

5.       Session cookie called ”__qca” is set by the content management system that runs this website whenever a visitor accesses the site. This specifies that the visitor is a guest user. This cookie is essential to the function of a visit to the website, but is not used to identify individual visitors.

6.       Resolution cookie called “resolution” is set by the content management system that runs this website whenever a visitor accesses the site. This cookie adjusts the page to fit the browser size. This cookie is essential to the function of a visit to the website, but is not used to identify individual visitors.

7.       Google Analytics uses “__utma” and is set by Google Analytics on your first visit to this website. This cookie is used to determine unique visitors to this site and it is updated with each page view. This is used to help us measure numbers and volumes of visitors usinganonymised data.

8.       Google Analytics uses “__utmb” and is set by Google Analytics to establish and continue your visits to our site.  Each time a user visits a different page on our site, this cookie is updated to expire in 30 minutes, thus continuing a single session for as long as your activity continues within 30-minute intervals. This cookie expires when a visitor pauses on a page on our site for longer than 30 minutes. This is used to help us measure numbers and volumes of visitors using anonymised data.

9.       Google Analytics uses “__utmz” and is set by Google Analytics to store how a visitor reaches our website; whether via a direct method, a referring link, a website search, or a campaign such as an ad or an email link. This cookie is updated with each page view on our website. This is used to help us measure the success of online marketing (e.g. organic or paid search engine listings) and offline marketing that is used to direct visitors to this website. This uses anonymised data.

18.          Contact

If you have any questions about these terms and conditions or the practices of this website, please contact the Communications Team by email at: communicate@leadershipacademy.nhs.uk.